Home Benefits Pty Ltd v Crafter [1939] HCA 12

LR] OF AUSTRALIA. 701

{HIGH COURT OF AUSTRALIA.)

HOME BENEFITS PROPRIETARY LIMITED. Appetiant ;

AFTER. te 4 2 S ' 5 . REsPONDENT.

AND

SPER, 3 4 : E E i . ResponDENT. COMPLAINANT,

APPEAL FROM A COURT OF SUMMARY JURISDICTION OF SOUTH AUSTRALIA.

ional Law—Freedom of inter-State trade—Prohibition of method of trading— 1. ©. or A. Prohibition of use of trading stamps—The Constitution (63 & 64 Vict. c. 12), 1939.

sec. 92—Trading Stamp Act 1924-1935 (S.A.) (No. 1624—No. 2255), sec. 5a. et Me.Bounng, Sec. 5a of the Trading Stamp Act 1924-1935 (S.A.) provided (inter alia) that pep, 98;

no person should encourage any other person to dispatch in South Australia, yay, 1; _ in exchange for goods, any articles such as coupons, wrappers, packages, May 11. "delivered with, about or in connection with goods which had been, were being — = ——

'or were intended to be sold and distributed in South Australia, tatien oa5 a i Starke, Dixon,

Held that an offence within the terms of this provision had been committed — Evatt and Motiernan JJ.

where the defendant, a company incorporated in New South Wales, caused to be delivered to householders in South Australia a circular informing them that _ they might obtain from the defendant in Sydney any of certain articles at

ices stated (which were less than the value of the articles) if they sent postage stamps to cover the price and a specified number of labels forming part of the kages in which a particular brand of tea was sold, and that the provision id not contravene sec. 92 of the Constitution.

_ James v. The Commonwealth (1936) A.C. 578 ; 55 C.L.R. 1, referred to.

702 HIGH COURT

H.C. or A. Appgats from a Court of Summary Jurisdiction of South Aus ais Home Benefits Pty. Ltd. v. Crafter —Percy Greyham Crafter Home a complaint against Home Benefits Pty. Ltd. under sec. 5a (2) (6)